The state Senate Judiciary committee Thursday morning advanced a bill to close a loophole in South Dakota’s DUI laws.

District 8 state Rep. Tim Walburg, R-Madison said a legal technicality means certain repeat DUI offenses aren’t properly covered… “If a person is convicted of an aggravated violation of 32-23-1 and the person has at least six convictions of occurring within fifteen years of the violation and being charged, the court must sentence the person to at least six years. This statute covers the sixth conviction, but it does not cover the fifth. We need to identify the fifth conviction.”
Brookings County States Attorney Dan Nelson said this loophole has caused problems… “There are a number of cases here in the last few years across South Dakota where judges have looked at this law as it’s currently written and have not imposed the mandatory minimum for those that have been convicted of a sixth offense within that fifteen year period.”

The committee voted 4-0 (with three members excused) to advance the measure to the senate floor with a ‘do pass’ recommendation. The state house already passed the bill on a 65-0 vote.